Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 50AAH

Cancellation of approval of types of alcohol interlocks

50AAH. Cancellation of approval of types of alcohol interlocks



(1) The Corporation may cancel the approval of a type of alcohol interlock
under section 50AAE if the Corporation is satisfied that it is appropriate to
do so because-

   (a)  the type of alcohol interlock is defective to the extent that it is no
        longer suitable to be approved for the purposes of this Act (whether
        because the information it records about its use is misleading or for
        any other reason); or

   (b)  since the type of alcohol interlock was approved, the Corporation has
        approved one or more other types of alcohol interlocks that the
        Corporation considers are more suitable to be approved for the
        purposes of this Act.

(2) If the Corporation cancels the approval of a type of alcohol interlock
under subsection (1)(a), the Corporation-

   (a)  must ensure that a notice is published in the Government Gazette, and
        a newspaper circulating generally throughout Victoria, stating that
        the approval of the type of alcohol interlock is cancelled with effect
        from a specified day (which must be after both of those notices are
        published); and

   (b)  must send a notice to each approved alcohol interlock supplier stating
        that the approval of the type of alcohol interlock is cancelled with
        effect from that specified day; and

   (c)  may send a notice to a person whose driver licence or permit is
        subject to an alcohol interlock condition, at the latest address the
        person has notified to the Corporation, stating that the person
        breaches the condition if he or she drives a motor vehicle with that
        type of alcohol interlock after the day specified in the notice (which
        must be at least one month after the notice is sent).

(3) If the Corporation cancels the approval of a type of alcohol interlock
under subsection (1)(a), a person whose driver licence or permit is subject to
an alcohol interlock condition breaches the condition if he or she drives a
motor vehicle with that alcohol interlock after the later of the following-

   (a)  the day specified in the notice published under subsection (2)(a);

   (b)  if the person is sent a notice under subsection (2)(c), the day
        specified in that notice.



(4) If the Corporation cancels the approval of a type of alcohol interlock
under subsection (1)(b)-

   (a)  the Corporation must send a notice to each approved alcohol interlock
        supplier stating that the approval is cancelled with effect from a
        specified day; and

   (b)  an alcohol interlock of that type that was installed in a motor
        vehicle before the specified day is taken to continue to be approved,
        despite the cancellation, for the purposes of this Act and the
        Sentencing Act 1991.

(5) In subsections (2)(c) and (3), alcohol interlock condition includes an
alcohol interlock condition imposed in accordance with a direction under
section 89A of the Sentencing Act 1991.

Note Under section 50AAD(3), a person who breaches an alcohol interlock
condition because the approval of a type of alcohol interlock has been
cancelled has a defence if the person proves that he or she reasonably
believed that the type of alcohol interlock was approved.